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Equal Employment Opportunity Commission v. Halliburton Energy Services Inc.

United States District Court, S.D. Mississippi, Northern Division

July 11, 2018

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
HALLIBURTON ENERGY SERVICES, INC. Defendants.

          JAMES L. LEE Deputy General Counsel, GWENDOLYN YOUNG REAMS Associate General Counsel, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

          MARSHA l L. RUCKER Regional Attorney, Gerald L. Miller Supervisory Trial Attorney, Harriett Oppenheim Senior Trial Attorney/Lead Counsel, Gina Pearson Trial Attorney US. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

          CONSENT DECREE.

          CARLTON W. REEVES UNITED STATES DISTRICT JUDGE.

         Plaintiff Equal Employment Opportunity Commission ("EEOC" or "Commission") filed a lawsuit against Halliburton Energy Services, Inc. (hereinafter "Defendant" or "Halliburton") pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), which incorporates by reference Section 706(f)(1) and (3) of Title VH of the Civil Rights Act of 1964 ('Title VH"), 42 U.S.C. 2000e-5(f)0) and (3), as well as Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The Commission's Complaint alleges that Halliburton breached a Mediation Settlement Agreement (Doc. 15-1) regarding the settlement of EEOC Charge No. 423-2014-00010 that Defendant, the Commission, and Charging Party Jason Anderson signed.

         The Commission and the Defendant hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court.

         Defendant denies that it in any way breached the Mediation Settlement Agreement. Nevertheless, the parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay of further litigation.

         THEREFORE, it is the finding of this Court, made on the pleadings and on the record as a whole and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to and the subject matter of this action, (ii) this Consent Decree is intended to and does resolve all matters in controversy in this lawsuit among the parties, and (iii) the terms of this Consent Decree constitute a fair and equitable settlement of all issues in this lawsuit.

         IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows:

         1. This Consent Decree, being entered with the consent of the parties for purposes of settlement, shall not constitute an adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendant of any breach of or liability in connection with the Mediation Settlement Agreement.

         2. Within thirty (30) days of the entry of this Decree, Defendant Halliburton shall forward to Jason Anderson:

a. A check in the amount of $280, 000.00, less any deductions for the employee's portion of applicable federal and state income tax withholdings;
b. The payment to Jason Anderson shall be mailed directly to his home address by certified mail;
c. A statement itemizing the deductions made from the gross sum referenced above; and
d. Defendant will provide Jason Anderson with a positive employment reference. The reference shall further verify his dates of employment and will not comment on Jason Anderson's eligibility for rehire. Defendant will provide Jason Anderson with a signed copy of the written reference attached as Exhibit "A", signed and printed on ...

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